A LEGAL bid to give Scottish ex-pats a vote in September’s independence referendum could be fast-tracked to the UK’s highest court, it emerged yesterday.

Leading QC Aidan O’Neill claims the decision to deny those living outside the country a say in the upcoming poll is illegal.

He said it has “good prospects” of being overturned by the UK Supreme Court under European law because the rights of expatriates might be affected by secession.

If a separate Scotland had to reapply for EU membership, expats may not officially hold EU citizenship and would lose out on rights and benefits.

Mr O’Neill’s legal advice is being sent to First Minister Alex Salmond and Prime Minister David Cameron in the hope of extending the franchise to some 800,000 Scots abroad.

Campaigners want those who have lived abroad for fewer than 15 years to have the right to vote. That is the rule in Westminster elections. And if the call is ignored, Mr O’Neill said a petition demanding a judicial review could be lodged within a week.

The case could be sent to the Supreme Court in London with a judgment issued before the poll is held.

I find it bizarre that someone born in Scotland who is a proud Scot can’t get to vote because they don’t live there

Alex McLeish, Ex-Scotland football manager

The possible £100,000 legal challenge is being backed by former Scotland rugby star Kenny Logan, who lives in England.

Ex-Scotland football manager Alex McLeish is also supporting the campaign because he lives south of the Border but wants a say. The 54-year-old said: “I’m baffled by it. I find it bizarre that someone born in Scotland who is a proud Scot can’t get to vote because they don’t live there.”

In his formal opinion, Mr O’Neill said Scottish Ministers appeared to have “paid no regard” to the requirements of EU law.

They were seemingly “unaware” that independence would impinge on Scots’ freedom-of-movement rights because the blanket expatriate voting ban discourages them from leaving the country and penalises those who have left.

It adds: “There are strong grounds and good prospects of success for successfully challenging the continued lawfulness of the complete blanket automatic and immediate exclusion from the Scottish independence referendum of all non-resident Scots.”

The Scottish Government has repeatedly defended its plans, saying that basing the franchise on residency was in line with the 1997 devolution referendum.

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A government spokeswoman yesterday said the poll is beyond effective legal challenge. Meanwhile, an opinion poll has suggested more than a third of Scottish firms could quit the country in the event of a Yes vote.

Some 36 per cent of firms would consider moving, according to a Survation poll of 100 for a Sunday newspaper.

Larry Fink, of fund management firm BlackRock yesterday said a breakaway country could not feasibly keep the pound.

Blair McDougall, director of Better Together, said: “Independence would cost Scottish jobs and put up costs for families. It’s a risk we don’t have to take.”

Kenneth Gibson, SNP MSP and convener of Holyrood’s Finance Committee, said: “This survey puts further pressure on the UK Government to drop their bluff and bluster on the pound, which will be the currency of an independent Scotland within a sterling area.”